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REAL PROPERTY ACT 1900 - SECT 13G
Recordings in Register
13G Recordings in Register
(1) Where a folio of the Register has been created, whether before or after
the commencement of Schedule 1 to the Real Property (Crown Land Titles)
Amendment Act 1980 , in respect of land to which this Part applies, the
Registrar-General may record in the folio such particulars of, or such
references to-- (a) any covenants, conditions, terms, reservations,
exceptions, exemptions, restrictions or provisions (including the provisions
of an Act or an instrument made under an Act) attaching or applying to the
land,
(b) the purpose, if any, for which the land was disposed of, and
(c)
any variation, alteration, modification or revocation of, or addition to, a
matter recorded pursuant to paragraph (a) or (b),
as the Registrar-General
considers appropriate, and may cancel or remove any such recording.
(2) The
provisions of subsection (1) apply in addition to and not in derogation of any
provisions of this or any other Act.
(3) Notwithstanding that under a
provision of this or any other Act any covenant, condition, term, reservation,
exception, exemption, restriction or provision (including a provision of an
Act or an instrument made under an Act) to which land to which this Part
applies is subject is required to be, or may be, set forth in a folio of the
Register created in respect of that land, it shall be sufficient compliance
with that provision if-- (a) the covenant, condition, term, reservation,
exception, exemption, restriction or provision is set out in a
public document, and
(b) the folio of the Register specifies that it is
subject to the covenants, conditions, terms, reservations, exceptions,
exemptions, restrictions or provisions set out in that document.
(4) For the
purposes of this or any other Act, where a folio of the Register specifies
that the land to which it relates is subject to covenants, conditions, terms,
reservations, exceptions, exemptions, restrictions or provisions set out in a
specified public document, those covenants, conditions, terms, reservations,
exceptions, exemptions, restrictions or provisions shall be deemed to be set
out at length in the folio.
(5) In subsections (3) and (4),
"public document" includes a memorandum which has been distinctively numbered
and filed or recorded in the Register.
(6) A memorandum referred to in
subsection (5) shall, for the purposes only of section 96B, be deemed to be
part of the Register.
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